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IWWF Anti-Doping Rules 2015 1 International Waterski & Wakeboard Federation Anti-Doping Rules (Based upon the 2015 Code) Accepted by the World Anti-Doping Agency 9 th December 2014 Approved by the IWWF Executive Board 7 th December 2014 To be ratified by the IWWF Congress of Milan September 2015

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  • IWWF Anti-Doping Rules 2015 1

    International Waterski &

    Wakeboard Federation

    Anti-Doping Rules

    (Based upon the 2015 Code)

    Accepted by the World Anti-Doping Agency 9th December 2014 Approved by the IWWF Executive Board 7th December 2014

    To be ratified by the IWWF Congress of Milan September 2015

  • IWWF Anti-Doping Rules 2015 2

    TABLE OF CONTENTS

    INTRODUCTION ............................................................................................................................................... 3

    PREFACE ................................................................................................................................................... 3

    FUNDAMENTAL RATIONALE FOR THE CODE AND IWWF'S ANTI-DOPING RULES ............................ 3

    SCOPE OF THESE ANTI-DOPING RULES ................................................................................................ 4

    ARTICLE 1 DEFINITION OF DOPING ............................................................................................................. 5

    ARTICLE 2 ANTI-DOPING RULE VIOLATIONS ................................................................................................ 5

    ARTICLE 3 PROOF OF DOPING .................................................................................................................. 10

    ARTICLE 4 THE PROHIBITED LIST ............................................................................................................... 12

    ARTICLE 5 TESTING AND INVESTIGATIONS ................................................................................................ 16

    ARTICLE 6 ANALYSIS OF SAMPLES ............................................................................................................ 21

    ARTICLE 7 RESULTS MANAGEMENT .......................................................................................................... 23

    ARTICLE 8 RIGHT TO A FAIR HEARING ....................................................................................................... 30

    ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ......................................................... 32

    ARTICLE 10 SANCTIONS ON INDIVIDUALS ................................................................................................... 32

    ARTICLE 11 CONSEQUENCES TO TEAMS ...................................................................................................... 45

    ARTICLE 12 SANCTIONS AND COSTS ASSESSED AGAINST SPORTING BODIES ................................................. 45

    ARTICLE 13 APPEALS ................................................................................................................................. 46

    ARTICLE 14 CONFIDENTIALITY AND REPORTING .......................................................................................... 51

    ARTICLE 15 APPLICATION AND RECOGNITION OF DECISIONS ....................................................................... 54

    ARTICLE 16 INCORPORATION OF IWWF ANTI-DOPING RULES AND OBLIGATIONS OF NATIONAL FEDERATIONS

    55

    ARTICLE 17 STATUTE OF LIMITATIONS ........................................................................................................ 56

    ARTICLE 18 IWWF COMPLIANCE REPORTS TO WADA ................................................................................ 566

    ARTICLE 19 EDUCATION ............................................................................................................................. 56

    ARTICLE 20 AMENDMENT AND INTERPRETATION OF ANTI-DOPING RULES .................................................. 56

    ARTICLE 21 INTERPRETATION OF THE CODE .............................................................................................. 588

    ARTICLE 22 ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETES AND OTHER PERSONS ........................ 58

    APPENDIX 1 DEFINITIONS ........................................................................................................................... 61

    APPENDIX 2 EXAMPLES OF THE APPLICATION OF ARTICLE 10 ....................................................................... 70

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    IWWF Anti-Doping Rules 2015

    INTERNATIONAL WATERSKI & WAKEBOARD FEDERATION ANTI-DOPING RULES

    INTRODUCTION

    Preface

    At the (then) International Water Ski Federation Congress held on September 18, 2003 in Howey on the Hills, Florida, USA, the International Waterski Federation (now International Waterski & Wakeboard Federation or IWWF) accepted to implement the World Anti-Doping Code (the 2004 Code). The revised 2009 and 2015 World Anti-Doping Code (the Code) were accepted by the IWWF Executive Board, and ratified at the IWWF Congress held in Calgary, Canada on 6th August 2009. This latest version was accepted by the IWWF Executive Board in December 2014 and will be ratified at the IWWF Congress in Milan in September 2015. These Anti-Doping Rules are adopted and implemented in accordance with IWWFs responsibilities under the Code, and in furtherance of IWWF's continuing efforts to eradicate doping in the sport of water skiing and wakeboard. Athletes and other Persons accept these rules as a condition of participation and shall be bound by them. These Anti-Doping Rules, like Competition rules, are sport rules governing the conditions under which sport is played. These sport-specific rules and procedures, aimed at enforcing anti-doping principles in a global and harmonized manner, are distinct in nature from criminal and civil laws, and therefore are not intended to be subject to or limited by any national requirements and legal standards applicable to criminal, or civil proceedings, or employment matters. When reviewing the facts and the law of a given case, all courts, arbitral tribunals and other adjudicating bodies should be aware of and respect the distinct nature of these Anti-Doping Rules implementing the Code and the fact that these rules represent the consensus of a broad spectrum of stakeholders around the world as to what is necessary to protect and ensure fair sport. Fundamental Rationale for the Code and IWWF's Anti-Doping Rules

    Anti-doping programs seek to preserve what is intrinsically valuable about sport. This intrinsic value is often referred to as "the spirit of sport". It is the essence of Olympism, the pursuit of human excellence through the dedicated perfection of each persons natural talents. It is how we play true. The spirit of sport is the celebration of the human spirit, body and mind, and is reflected in values we find in and through sport, including:

    Ethics, fair play and honesty Health Excellence in performance Character and education Fun and joy Teamwork

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    Dedication and commitment Respect for rules and laws Respect for self and other Participants Courage Community and solidarity

    Doping is fundamentally contrary to the spirit of sport. The International Waterski and Wakeboard Federation has long been committed to the sport of water skiing being carried out with the highest standards of excellence, ethics and the spirit of fair play. The Anti-Doping Program has included testing at both World and Regional Championships under the auspices of the IWWF over the past several years. Many World Cup and Professional events have also included doping controls as part of the competition. Many member National Federations also have conducted extensive Anti-Doping Programs. Scope of these Anti-Doping Rules

    These Anti-Doping Rules shall apply to IWWF, all Confederations, and to each of IWWFs National Federations. They also apply to the following Athletes, Athlete Support Personnel and other Persons, each of whom is deemed, as a condition of his/her membership, accreditation and/or participation in the sport, to have agreed to be bound by these Anti-Doping Rules, and to have submitted to the authority of IWWF to enforce these Anti-Doping Rules and to the jurisdiction of the hearing panels specified in Article 8 and Article 13 to hear and determine cases and appeals brought under these Anti-Doping Rules: a. all Athletes and Athlete Support Personnel who are members of IWWF, or of

    any National Federation, or of any member or affiliate organization of any National Federation (including any clubs, teams, associations or leagues);

    b. all Athletes and Athlete Support Personnel participating in such capacity in

    Events, Competitions and other activities organized, convened, authorized or recognized by IWWF, or any National Federation, or any member or affiliate organization of any National Federation (including any clubs, teams, associations or leagues), wherever held;

    c. any other Athlete or Athlete Support Personnel or other Person who, by

    virtue of an accreditation, a license or other contractual arrangement, or otherwise, is subject to the jurisdiction of IWWF, or of any National Federation, or of any member or affiliate organization of any National Federation (including any clubs, teams, associations or leagues), for purposes of anti-doping. To be eligible for participation in International Events, a competitor must have a license issued by his or her National Federation. All Athletes registered for an IWWF sanctioned Event shall be deemed to have accepted the rules of the IWWF, including these IWWF Anti-Doping Rules;

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    Within the overall pool of Athletes set out above who are bound by and required to comply with these Anti-Doping Rules, the following Athletes shall be considered to be International-Level Athletes for purposes of these Anti-Doping Rules, and therefore the specific provisions in these Anti-Doping Rules applicable to International-Level Athletes (as regards Testing but also as regards TUEs, whereabouts information, results management, and appeals) shall apply to such Athletes:

    i. Athletes who were eligible to participate as individual athletes in, or who finished in the top 10 places at, the most recently held biannual IWWF World Championship in the following sports divisions and Events:

    World Tournament Open Championships; World Disabled Championships; World Barefoot Open Championships; World Cableski Open Championships; World Wakeboard (Boat) Open Championships; World Cable Wakeboard Open Championships; World Waterski Racing Championships Open Category;

    ii. Athletes who are qualified to participate in IWWF World Cup events;

    iii. Athletes who are part of the IWWF Registered Testing Pool.

    ARTICLE 1 DEFINITION OF DOPING

    Doping is defined as the occurrence of one or more of the anti-doping rule violations set forth in Article 2.1 through Article 2.10 of these Anti-Doping Rules.

    ARTICLE 2 ANTI-DOPING RULE VIOLATIONS

    The purpose of Article 2 is to specify the circumstances and conduct which constitute anti-doping rule violations. Hearings in doping cases will proceed based on the assertion that one or more of these specific rules have been violated.

    Athletes or other Persons shall be responsible for knowing what constitutes an anti-doping rule violation and the substances and methods which have been included on the Prohibited List. The following constitute anti-doping rule violations:

    2.1 Presence of a Prohibited Substance or its Metabolites or Markers in an Athletes Sample

    2.1.1 It is each Athletes personal duty to ensure that no Prohibited Substance enters his or her body. Athletes are responsible for any

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    Prohibited Substance or its Metabolites or Markers found to be present in their Samples. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athletes part be demonstrated in order to establish an anti-doping rule violation under Article 2.1.

    [Comment to Article 2.1.1: An anti-doping rule violation is committed under this Article without regard to an Athletes Fault. This rule has been referred to in

    various CAS decisions as Strict Liability. An Athletes Fault is taken into consideration in determining the Consequences of this anti-doping rule violation

    under Article 10. This principle has consistently been upheld by CAS.]

    2.1.2 Sufficient proof of an anti-doping rule violation under Article 2.1 is established by any of the following: presence of a Prohibited Substance or its Metabolites or Markers in the Athletes A Sample where the Athlete waives analysis of the B Sample and the B Sample is not analyzed; or, where the Athletes B Sample is analyzed and the analysis of the Athletes B Sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the Athletes A Sample; or, where the Athletes B Sample is split into two bottles and the analysis of the second bottle confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the first bottle.

    [Comment to Article 2.1.2: The Anti-Doping Organization with results management

    responsibility may, at its discretion, choose to have the B Sample analyzed even if the Athlete does not request the analysis of the B Sample.]

    2.1.3 Excepting those substances for which a quantitative threshold is specifically identified in the Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in an Athletes Sample shall constitute an anti-doping rule violation. 2.1.4 As an exception to the general rule of Article 2.1, the Prohibited List or International Standards may establish special criteria for the evaluation of Prohibited Substances that can also be produced endogenously.

    2.2 Use or Attempted Use by an Athlete of a Prohibited Substance or a Prohibited Method

    [Comment to Article 2.2: It has always been the case that Use or Attempted Use of

    a Prohibited Substance or Prohibited Method may be established by any reliable means. As noted in the Comment to Article 3.2, unlike the proof required to establish an anti-doping rule violation under Article 2.1, Use or Attempted Use may

    also be established by other reliable means such as admissions by the Athlete, witness statements, documentary evidence, conclusions drawn from longitudinal

    profiling, including data collected as part of the Athlete Biological Passport, or other analytical information which does not otherwise satisfy all the requirements to establish Presence of a Prohibited Substance under Article 2.1. For example, Use

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    may be established based upon reliable analytical data from the analysis of an A Sample (without confirmation from an analysis of a B Sample) or from the analysis

    of a B Sample alone where the Anti-Doping Organization provides a satisfactory explanation for the lack of confirmation in the other Sample.]

    2.2.1 It is each Athletes personal duty to ensure that no Prohibited Substance enters his or her body and that no Prohibited Method is Used. Accordingly, it is not necessary that intent, Fault, negligence or knowing Use on the Athletes part be demonstrated in order to establish an anti-doping rule violation for Use of a Prohibited Substance or a Prohibited Method. 2.2.2 The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an anti-doping rule violation to be committed.

    [Comment to Article 2.2.2: Demonstrating the "Attempted Use" of a Prohibited

    Substance or a Prohibited Method requires proof of intent on the Athletes part. The fact that intent may be required to prove this particular anti-doping rule

    violation does not undermine the Strict Liability principle established for violations of Article 2.1 and violations of Article 2.2 in respect of Use of a Prohibited Substance or Prohibited Method.

    An Athletes Use of a Prohibited Substance constitutes an anti-doping rule

    violation unless such substance is not prohibited Out-of-Competition and the Athletes Use takes place Out-of-Competition. (However, the presence of a Prohibited Substance or its Metabolites or Markers in a Sample collected In-

    Competition is a violation of Article 2.1 regardless of when that substance might have been administered).]

    2.3 Evading, Refusing or Failing to Submit to Sample Collection Evading Sample collection, or without compelling justification refusing or failing to submit to Sample collection after notification as authorized in these Anti-Doping Rules or other applicable anti-doping rules.

    [Comment to Article 2.3: For example, it would be an anti-doping rule violation of

    evading Sample collection if it were established that an Athlete was deliberately avoiding a Doping Control official to evade notification or Testing. A violation of

    failing to submit to Sample collection may be based on either intentional or negligent conduct of the Athlete, while "evading" or refusing Sample collection contemplates intentional conduct by the Athlete.]

    2.4 Whereabouts Failures

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    Any combination of three missed tests and/or filing failures, as defined in the International Standard for Testing and Investigations, within a twelve-month period by an Athlete in a Registered Testing Pool.

    2.5 Tampering or Attempted Tampering with any part of Doping Control Conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. Tampering shall include, without limitation, intentionally interfering or attempting to interfere with a Doping Control official, providing fraudulent information to an Anti-Doping Organization, or intimidating or attempting to intimidate a potential witness.

    [Comment to Article 2.5: For example, this Article would prohibit altering identification numbers on a Doping Control form during Testing, breaking the B

    bottle at the time of B Sample analysis, or altering a Sample by the addition of a foreign substance. Offensive conduct towards a Doping Control official or other Person involved in Doping Control which does not otherwise constitute Tampering

    shall be addressed in the disciplinary rules of sport organizations.]

    2.6 Possession of a Prohibited Substance or a Prohibited Method

    2.6.1 Possession by an Athlete In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition unless the Athlete establishes that the Possession is consistent with a Therapeutic Use Exemption (TUE) granted in accordance with Article 4.4 or other acceptable justification. 2.6.2 Possession by an Athlete Support Person In-Competition of any Prohibited Substance or any Prohibited Method, or Possession by an Athlete Support Person Out-of-Competition of any Prohibited Substance or any Prohibited Method which is prohibited Out-of-Competition in connection with an Athlete, Competition or training, unless the Athlete Support Person establishes that the Possession is consistent with a TUE granted to an Athlete in accordance with Article 4.4 or other acceptable justification.

    [Comment to Articles 2.6.1 and 2.6.2: Acceptable justification would not include,

    for example, buying or Possessing a Prohibited Substance for purposes of giving it

    to a friend or relative, except under justifiable medical circumstances where that

    Person had a physicians prescription, e.g., buying Insulin for a diabetic child.] [Comment to Article 2.6.2: Acceptable justification would include, for example, a

    team doctor carrying Prohibited Substances for dealing with acute and emergency situations.]

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    2.7 Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method 2.8 Administration or Attempted Administration to any Athlete In-

    Competition of any Prohibited Substance or Prohibited Method, or Administration or Attempted Administration to any Athlete Out-of-Competition of any Prohibited Substance or any Prohibited Method

    that is prohibited Out-of-Competition

    2.9 Complicity Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity involving an anti-doping rule violation, Attempted anti-doping rule violation or violation of Article 10.12.1 by another Person. 2.10 Prohibited Association

    Association by an Athlete or other Person subject to the authority of an Anti-Doping Organization in a professional or sport-related capacity with any Athlete Support Person who:

    2.10.1 If subject to the authority of an Anti-Doping Organization, is serving a period of Ineligibility; or 2.10.2 If not subject to the authority of an Anti-Doping Organization and where Ineligibility has not been addressed in a results management process pursuant to the Code, has been convicted or found in a criminal, disciplinary or professional proceeding to have engaged in conduct which would have constituted a violation of anti-doping rules if Code-compliant rules had been applicable to such Person. The disqualifying status of such Person shall be in force for the longer of six years from the criminal, professional or disciplinary decision or the duration of the criminal, disciplinary or professional sanction imposed; or

    2.10.3 Is serving as a front or intermediary for an individual described in Article 2.10.1 or 2.10.2.

    In order for this provision to apply, it is necessary that the Athlete or other Person has previously been advised in writing by an Anti-Doping Organization with jurisdiction over the Athlete or other Person, or by WADA, of the Athlete Support Persons disqualifying status and the potential Consequence of prohibited association and that the Athlete or other Person can reasonably avoid the association. The Anti-Doping Organization shall also use reasonable efforts to advise the Athlete Support Person who is the subject of the notice to the Athlete or other Person that the Athlete Support Person may, within 15 days, come forward to the Anti-Doping Organization to explain that the criteria described in Articles 2.10.1 and 2.10.2 do not apply to him or her. (Notwithstanding Article 17, this Article applies even when the Athlete

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    Support Persons disqualifying conduct occurred prior to the effective date provided in Article 20.7.) The burden shall be on the Athlete or other Person to establish that any association with Athlete Support Personnel described in Article 2.10.1 or 2.10.2 is not in a professional or sport-related capacity. Anti-Doping Organizations that are aware of Athlete Support Personnel who meet the criteria described in Article 2.10.1, 2.10.2, or 2.10.3 shall submit that information to WADA.

    [Comment to Article 2.10: Athletes and other Persons must not work with coaches,

    trainers, physicians or other Athlete Support Personnel who are Ineligible on account of an anti-doping rule violation or who have been criminally convicted or

    professionally disciplined in relation to doping. Some examples of the types of association which are prohibited include: obtaining training, strategy, technique, nutrition or medical advice; obtaining therapy, treatment or prescriptions; providing

    any bodily products for analysis; or allowing the Athlete Support Person to serve as an agent or representative. Prohibited association need not involve any form of

    compensation.]

    ARTICLE 3 PROOF OF DOPING

    3.1 Burdens and Standards of Proof

    IWWF shall have the burden of establishing that an anti-doping rule violation has occurred. The standard of proof shall be whether IWWF has established an anti-doping rule violation to the comfortable satisfaction of the hearing panel bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where these Anti-Doping Rules place the burden of proof upon the Athlete or other Person alleged to have committed an anti-doping rule violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability.

    [Comment to Article 3.1: This standard of proof required to be met by IWWF is comparable to the standard which is applied in most countries to cases involving

    professional misconduct.]

    3.2 Methods of Establishing Facts and Presumptions Facts related to anti-doping rule violations may be established by any reliable means, including admissions. The following rules of proof shall be applicable in doping cases:

    [Comment to Article 3.2: For example, IWWF may establish an anti-doping rule violation under Article 2.2 based on the Athletes admissions, the credible testimony

    of third Persons, reliable documentary evidence, reliable analytical data from either

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    an A or B Sample as provided in the Comments to Article 2.2, or conclusions drawn from the profile of a series of the Athletes blood or urine Samples, such as data

    from the Athlete Biological Passport.]

    3.2.1 Analytical methods or decision limits approved by WADA after consultation within the relevant scientific community and which have been the subject of peer review are presumed to be scientifically valid. Any Athlete or other Person seeking to rebut this presumption of scientific validity shall, as a condition precedent to any such challenge, first notify WADA of the challenge and the basis of the challenge. CAS on its own initiative may also inform WADA of any such challenge. At WADAs request, the CAS panel shall appoint an appropriate scientific expert to assist the panel in its evaluation of the challenge. Within 10 days of WADAs receipt of such notice, and WADAs receipt of the CAS file, WADA shall also have the right to intervene as a party, appear amicus curiae, or otherwise provide evidence in such proceeding.

    3.2.2 WADA-accredited laboratories, and other laboratories approved by WADA, are presumed to have conducted Sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The Athlete or other Person may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person rebuts the preceding presumption by showing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding, then IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding.

    [Comment to Article 3.2.2: The burden is on the Athlete or other Person to

    establish, by a balance of probability, a departure from the International Standard

    for Laboratories that could reasonably have caused the Adverse Analytical Finding. If the Athlete or other Person does so, the burden shifts to IWWF to prove to the

    comfortable satisfaction of the hearing panel that the departure did not cause the Adverse Analytical Finding.]

    3.2.3 Departures from any other International Standard or other anti-doping rule or policy set forth in the Code or these Anti-Doping Rules which did not cause an Adverse Analytical Finding or other anti-doping rule violation shall not invalidate such evidence or results. If the Athlete or other Person establishes a departure from another International Standard or other anti-doping rule or policy which could reasonably have caused an anti-doping rule violation based on an Adverse Analytical Finding or other anti-doping rule violation, then IWWF shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the factual basis for the anti-doping rule violation.

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    3.2.4 The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which is not the subject of a pending appeal shall be irrebuttable evidence against the Athlete or other Person to whom the decision pertained of those facts unless the Athlete or other Person establishes that the decision violated principles of natural justice. 3.2.5 The hearing panel in a hearing on an anti-doping rule violation may draw an inference adverse to the Athlete or other Person who is asserted to have committed an anti-doping rule violation based on the Athletes or other Persons refusal, after a request made in a reasonable time in advance of the hearing, to appear at the hearing (either in person or telephonically as directed by the hearing panel) and to answer questions from the hearing panel or IWWF.

    ARTICLE 4 THE PROHIBITED LIST

    4.1 Incorporation of the Prohibited List

    These Anti-Doping Rules incorporate the Prohibited List, which is published and revised by WADA as described in Article 4.1 of the Code.

    [Comment to Article 4.1: The current Prohibited List is available on WADA's website at www.wada-ama.org.]

    4.2 Prohibited Substances and Prohibited Methods Identified on the Prohibited List

    4.2.1 Prohibited Substances and Prohibited Methods Unless provided otherwise in the Prohibited List and/or a revision, the Prohibited List and revisions shall go into effect under these Anti-Doping Rules three months after publication by WADA, without requiring any further action by IWWF or its National Federations. All Athletes and other Persons shall be bound by the Prohibited List, and any revisions thereto, from the date they go into effect, without further formality. It is the responsibility of all Athletes and other Persons to familiarize themselves with the most up-to-date version of the Prohibited List and all revisions thereto. 4.2.2 Specified Substances For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except substances in the classes of anabolic agents and hormones and those stimulants and hormone antagonists and modulators so identified on the Prohibited List. The category of Specified Substances shall not include Prohibited Methods.

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    [Comment to Article 4.2.2: The Specified Substances identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other

    doping substances. Rather, they are simply substances which are more likely to have been consumed by an Athlete for a purpose other than the enhancement of

    sport performance.]

    4.3 WADAs Determination of the Prohibited List

    WADAs determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List, the classification of substances into categories on the Prohibited List, and the classification of a substance as prohibited at all times or In-Competition only, is final and shall not be subject to challenge by an Athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport. 4.4 Therapeutic Use Exemptions (TUEs)

    4.4.1 The presence of a Prohibited Substance or its Metabolites or Markers, and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method, shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions. 4.4.2 If an International-Level Athlete as defined by IWWF in the scope of these Anti-Doping rules is using a Prohibited Substance or a Prohibited Method for therapeutic reasons:

    4.4.2.1 Where the Athlete already has a TUE granted by his or her National Anti-Doping Organization for the substance or method in question, that TUE is automatically valid for international-level Competition, provided that such TUE decision has been reported in accordance with Article 5.4 of the International Standard for Therapeutic Use Exemptions for review by WADA.

    [Comment to Article 4.4.2.1: Further to Articles 5.6 and 7.1(a) of the International Standard for Therapeutic Use Exemptions, IWWF will publish notice on its website http://www.iwwfed.com that it will automatically recognize TUE decisions made by

    National Anti-Doping Organizations. If an Athlete's TUE falls into a category of

    automatically recognized TUEs, then he/she does not need to apply to IWWF for

    recognition of that TUE. If IWWF refuses to recognize a TUE granted by a National Anti-Doping Organization

    only because medical records or other information are missing that are needed to demonstrate satisfaction of the criteria in the International Standard for

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    Therapeutic Use Exemptions, the matter should not be referred to WADA. Instead, the file should be completed and re-submitted to IWWF

    4.4.2.2 If the Athlete does not already have a TUE granted by his/her National Anti-Doping Organization for the substance or method in question, the Athlete must apply directly to IWWF for a TUE in accordance with the process set out in the International Standard for Therapeutic Use Exemptions, using the form posted on IWWF website at http://www.iwwfed.com. If IWWF denies the Athletes application, it must notify the Athlete promptly, with reasons. If IWWF grants the Athletes application, it shall notify not only the Athlete but also his/her National Anti-Doping Organization. If the National Anti-Doping Organization considers that the TUE granted by IWWF does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to WADA for review in accordance with Article 4.4.6. If the National Anti-Doping Organization refers the matter to WADA for review, the TUE granted by IWWF remains valid for international-level Competition and Out-of-Competition Testing (but is not valid for national-level Competition) pending WADAs decision. If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by IWWF becomes valid for national-level Competition as well when the 21-day review deadline expires.

    [Comment to Article 4.4.2: IWWF may agree with a National Anti-Doping Organization that the National Anti-Doping Organization will consider TUE

    applications on behalf of IWWF]

    4.4.3 If IWWF chooses to test an Athlete who is not an International-Level Athlete, IWWF shall recognize a TUE granted to that Athlete by his or her National Anti-Doping Organization. If IWWF chooses to test an Athlete who is not an International-Level or a National-Level Athlete, IWWF shall permit that Athlete to apply for a retroactive TUE for any Prohibited Substance or Prohibited Method that he/she is using for therapeutic reasons.

    4.4.4 An application to IWWF for grant of a TUE must be made as soon as the need arises and in any event (save in emergency or exceptional situations or where Article 4.3 of the International Standard for Therapeutic Use Exemptions applies) at least 30 days before the Athletes next Competition. IWWF shall appoint a panel of 3 physicians to consider applications for the grant of TUEs (the TUE Committee). The TUE Committee shall promptly evaluate and decide upon the application in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions. Its decision shall be the final decision of IWWF, and shall be reported to WADA and

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    other relevant Anti-Doping Organizations, including the Athlete's National Anti-Doping Organization, through ADAMS, in accordance with the International Standard for Therapeutic Use Exemptions.

    [Comment to Article 4.4.4: The submission of false or misleadingly incomplete information in support of a TUE application (including but not limited to the failure to advise of the unsuccessful outcome of a prior application to another Anti-Doping

    Organization for such a TUE) may result in a charge of Tampering or Attempted Tampering under Article 2.5.

    An Athlete should not assume that his/her application for grant or recognition of a TUE (or for renewal of a TUE) will be granted. Any Use or Possession or

    Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Athletes own risk.]

    4.4.5 Expiration, Cancellation, Withdrawal or Reversal of a TUE

    4.4.5.1 A TUE granted pursuant to these Anti-Doping Rules: (a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; (b) may be cancelled if the Athlete does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; (c) may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal.

    4.4.5.2 In such event, the Athlete shall not be subject to any Consequences based on his/her Use or Possession or Administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE prior to the effective date of expiry, cancellation, withdrawal or reversal of the TUE. The review pursuant to Article 7.2 of any subsequent Adverse Analytical Finding shall include consideration of whether such finding is consistent with Use of the Prohibited Substance or Prohibited Method prior to that date, in which event no anti-doping rule violation shall be asserted.

    4.4.6 Reviews and Appeals of TUE Decisions

    4.4.6.1 WADA shall review any decision by IWWF not to recognize a TUE granted by the National Anti-Doping Organization that is referred to WADA by the Athlete or the Athletes National Anti-Doping Organization. In addition, WADA shall review any decision by IWWF to grant a TUE that is referred to WADA by the Athletes National Anti-Doping Organization. WADA may review any other TUE decisions at any

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    time, whether upon request by those affected or on its own initiative. If the TUE decision being reviewed meets the criteria set out in the International Standard for Therapeutic Use Exemptions, WADA will not interfere with it. If the TUE decision does not meet those criteria, WADA will reverse it.

    4.4.6.2 Any TUE decision by IWWF (or by a National Anti-Doping Organization where it has agreed to consider the application on behalf of IWWF that is not reviewed by WADA, or that is reviewed by WADA but is not reversed upon review, may be appealed by the Athlete and/or the Athletes National Anti-Doping Organization exclusively to CAS, in accordance with Article 13.

    [Comment to Article 4.4.6.2: In such cases, the decision being appealed is the IWWFs TUE decision, not WADAs decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. However, the deadline to

    appeal the TUE decision does not begin to run until the date that WADA communicates its decision. In any event, whether the decision has been reviewed

    by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.]

    4.4.6.3 A decision by WADA to reverse a TUE decision may be appealed by the Athlete, the National Anti-Doping Organization and/or IWWF exclusively to CAS, in accordance with Article 13. 4.4.6.4 A failure to take action within a reasonable time on a properly submitted application for grant or recognition of a TUE or for review of a TUE decision shall be considered a denial of the application.

    ARTICLE 5 TESTING AND INVESTIGATIONS

    5.1 Purpose of Testing and Investigations Testing and investigations shall only be undertaken for anti-doping purposes. They shall be conducted in conformity with the provisions of the International Standard for Testing and Investigations.

    5.1.1 Testing shall be undertaken to obtain analytical evidence as to the Athletes compliance (or non-compliance) with the strict Code prohibition on the presence/Use of a Prohibited Substance or Prohibited Method. Test distribution planning, Testing, post-Testing activity and all related activities conducted by IWWF shall be in conformity with the International Standard for Testing and Investigations. IWWF shall determine the number of finishing placement tests, random tests and target tests to be performed, in accordance with the criteria established by the International Standard for Testing and Investigations. All provisions of the International

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    Standard for Testing and Investigations shall apply automatically in respect of all such Testing. 5.1.2 Investigations shall be undertaken:

    5.1.2.1 in relation to Atypical Findings, Atypical Passport Findings and Adverse Passport Findings, in accordance with Articles 7.4 and 7.5 respectively, gathering intelligence or evidence (including, in particular, analytical evidence) in order to determine whether an anti-doping rule violation has occurred under Article 2.1 and/or Article 2.2; and

    5.1.2.2 in relation to other indications of potential anti-doping rule violations, in accordance with Articles 7.6 and 7.7, gathering intelligence or evidence (including, in particular, non-analytical evidence) in order to determine whether an anti-doping rule violation has occurred under any of Articles 2.2 to 2.10.

    5.1.3 IWWF may obtain, assess and process anti-doping intelligence from all available sources, to inform the development of an effective, intelligent and proportionate test distribution plan, to plan Target Testing, and/or to form the basis of an investigation into a possible anti-doping rule violation(s).

    5.2 Authority to conduct Testing

    5.2.1 Subject to the jurisdictional limitations for Event Testing set out in Article 5.3 of the Code, IWWF shall have In-Competition and Out-of-Competition Testing authority over all of the Athletes specified in the Introduction to these Anti-Doping Rules (under the heading "Scope"). 5.2.2 IWWF may require any Athlete over whom it has Testing authority (including any Athlete serving a period of Ineligibility) to provide a Sample at any time and at any place.

    [Comment to Article 5.2.2: Unless the Athlete has identified a 60-minute time-slot for Testing between the hours of 11pm and 6am, or has otherwise consented to

    Testing during that period, IWWF will not test an Athlete during that period unless it has a serious and specific suspicion that the Athlete may be engaged in doping. A

    challenge to whether IWWF had sufficient suspicion for Testing in that period shall not be a defense to an anti-doping rule violation based on such test or attempted test.]

    5.2.3 WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.8 of the Code.

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    5.2.4 If IWWF delegates or contracts any part of Testing to a National Anti-Doping Organization (directly or through a National Federation), that National Anti-Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping Organizations expense. If additional Samples are collected or additional types of analysis are performed, IWWF shall be notified.

    5.3 Event Testing

    5.3.1 Except as provided in Article 5.3 of the Code, only a single organization should be responsible for initiating and directing Testing at Event Venues during an Event Period. At International Events, the collection of Samples shall be initiated and directed by IWWF (or any other international organization which is the ruling body for the Event). At the request of IWWF (or any other international organization which is the ruling body for an Event), any Testing during the Event Period outside of the Event Venues shall be coordinated with IWWF (or the relevant ruling body of the Event). 5.3.2 If an Anti-Doping Organization which would otherwise have Testing authority but is not responsible for initiating and directing Testing at an Event desires to conduct Testing of Athletes at the Event Venues during the Event Period, the Anti-Doping Organization shall first confer with IWWF (or any other international organization which is the ruling body of the Event) to obtain permission to conduct and coordinate such Testing. If the Anti-Doping Organization is not satisfied with the response from IWWF (or any other international organization which is the ruling body of the Event), the Anti-Doping Organization may ask WADA for permission to conduct Testing and to determine how to coordinate such Testing, in accordance with the procedures set out in the International Standard for Testing and Investigations. WADA shall not grant approval for such Testing before consulting with and informing IWWF (or any other international organization which is the ruling body for the Event). WADAs decision shall be final and not subject to appeal. Unless otherwise provided in the authorization to conduct Testing, such tests shall be considered Out-of-Competition tests. Results management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the rules of the ruling body of the Event.

    5.4 Test Distribution Planning Consistent with the International Standard for Testing and Investigations, and in coordination with other Anti-Doping Organizations conducting Testing on the same Athletes, IWWF shall develop and implement an effective, intelligent and proportionate test distribution plan that prioritizes appropriately between disciplines, categories of Athletes, types of Testing, types of Samples collected, and types of Sample analysis, all in compliance with the

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    requirements of the International Standard for Testing and Investigations. IWWF shall provide WADA upon request with a copy of its current test distribution plan. IWWF shall ensure that Athlete Support Personnel and/or any other person with a conflict of interest are not involved in test distribution planning for their Athletes or in the process of selection of Athletes for Testing. 5.5 Coordination of Testing Where reasonably feasible, Testing shall be coordinated through ADAMS or another system approved by WADA in order to maximize the effectiveness of the combined Testing effort and to avoid unnecessary repetitive Testing.

    5.6 Athlete Whereabouts Information

    5.6.1 IWWF shall identify a Registered Testing Pool of those Athletes who are required to comply with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations, and shall make available through ADAMS, a list which identifies those Athletes included in its Registered Testing Pool either by name or by clearly defined, specific criteria. IWWF shall coordinate with National Anti-Doping Organizations the identification of such Athletes and the collection of their whereabouts information. IWWF shall review and update as necessary its criteria for including Athletes in its Registered Testing Pool, and shall revise the membership of its Registered Testing Pool from time to time as appropriate in accordance with the set criteria. Athletes shall be notified before they are included in a Registered Testing Pool and when they are removed from that pool. Each Athlete in the Registered Testing Pool shall do the following, in each case in accordance with Annex I to the International Standard for Testing and Investigations: (a) advise IWWF of his/her whereabouts on a quarterly basis; (b) update that information as necessary so that it remains accurate and complete at all times; and (c) make him/herself available for Testing at such whereabouts. 5.6.2 For purposes of Article 2.4, an Athletes failure to comply with the requirements of the International Standard for Testing and Investigations shall be deemed a filing failure or a missed test (as defined in the International Standard for Testing and Investigations) where the conditions set forth in the International Standard for Testing and Investigations for declaring a filing failure or missed test are met. 5.6.3 An Athlete in IWWFs Registered Testing Pool shall continue to be subject to the obligation to comply with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations unless and until (a) the Athlete gives written notice to IWWF that he/she has retired or (b) IWWF has informed him or her

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    that he/she no longer satisfies the criteria for inclusion in IWWF's Registered Testing Pool. 5.6.4 Whereabouts information relating to an Athlete shall be shared (through ADAMS) with WADA and other Anti-Doping Organizations having authority to test that Athlete, shall be maintained in strict confidence at all times, shall be used exclusively for the purposes set out in Article 5.6 of the Code, and shall be destroyed in accordance with the International Standard for the Protection of Privacy and Personal Information once it is no longer relevant for these purposes.

    5.7 Retired Athletes Returning to Competition

    5.7.1 An Athlete in IWWFs Registered Testing Pool who has given notice of retirement to IWWF may not resume competing in International Events or National Events until he/she has given IWWF written notice of his/her intent to resume competing and has made him/herself available for Testing for a period of six months before returning to Competition, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations. WADA, in consultation with IWWF and the Athlete's National Anti-Doping Organization, may grant an exemption to the six-month written notice rule where the strict application of that rule would be manifestly unfair to an Athlete. This decision may be appealed under Article 13. Any competitive results obtained in violation of this Article 5.7.1 shall be Disqualified.

    5.7.2 If an Athlete retires from sport while subject to a period of Ineligibility, the Athlete shall not resume competing in International Events or National Events until the Athlete has given six months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the Athlete retired, if that period was longer than six months) to IWWF and to his/her National Anti-Doping Organization of his/her intent to resume competing and has made him/herself available for Testing for that notice period, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations.

    5.7.3 An Athlete who is not in IWWF s Registered Testing Pool who has given notice of retirement to IWWF may not resume competing unless he/she notifies IWWF and his/her National Anti-Doping Organization at least six months before he/she wishes to return to Competition and makes him/herself available for unannounced Out-of-Competition Testing, including (if requested) complying with the whereabouts requirements of Annex I to the International Standard for Testing and Investigations, during the period before actual return to Competition.

    5.8 Independent Observer Program

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    IWWF and the organizing committees for IWWFs Events, as well as the National Federations and the organizing committees for National Events, shall authorize and facilitate the Independent Observer Program at such Events.

    ARTICLE 6 ANALYSIS OF SAMPLES

    Samples shall be analyzed in accordance with the following principles:

    6.1 Use of Accredited and Approved Laboratories

    For purposes of Article 2.1, Samples shall be analyzed only in laboratories accredited or otherwise approved by WADA. The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by IWWF.

    [Comment to Article 6.1: Violations of Article 2.1 may be established only by Sample analysis performed by a laboratory accredited or otherwise approved by

    WADA. Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable.]

    6.2 Purpose of Analysis of Samples

    6.2.1 Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods and other substances as may be directed by WADA pursuant to the Monitoring Program described in Article 4.5 of the Code; or to assist IWWF in profiling relevant parameters in an Athletes urine, blood or other matrix, including DNA or genomic profiling; or for any other legitimate anti-doping purpose. Samples may be collected and stored for future analysis.

    [Comment to Article 6.2.1: For example, relevant profile information could be used

    to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2, or both.]

    6.2.2 IWWF shall ask laboratories to analyze Samples in conformity with Article 6.4 of the Code and Article 4.7 of the International Standard for Testing and Investigations.

    6.3 Research on Samples

    No Sample may be used for research without the Athlete's written consent. Samples used for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced back to a particular Athlete.

    6.4 Standards for Sample Analysis and Reporting

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    Laboratories shall analyze Samples and report results in conformity with the International Standard for Laboratories. To ensure effective Testing, the Technical Document referenced at Article 5.4.1 of the Code will establish risk assessment-based Sample analysis menus appropriate for particular sports and sport disciplines, and laboratories shall analyze Samples in conformity with those menus, except as follows:

    6.4.1 IWWF may request that laboratories analyze its Samples using more extensive menus than those described in the Technical Document. 6.4.2 IWWF may request that laboratories analyze its Samples using less extensive menus than those described in the Technical Document only if it has satisfied WADA that, because of the particular circumstances of its sport, as set out in its test distribution plan, less extensive analysis would be appropriate. 6.4.3 As provided in the International Standard for Laboratories, laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the Sample analysis menu described in the Technical Document or specified by the Testing authority. Results from any such analysis shall be reported and have the same validity and consequence as any other analytical result.

    [Comment to Article 6.4: The objective of this Article is to extend the principle of

    intelligent Testing to the Sample analysis menu so as to most effectively and efficiently detect doping. It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some

    sports and countries, reduce the number of Samples which can be analyzed.] 6.5 Further Analysis of Samples

    Any Sample may be stored and subsequently subjected to further analysis for the purposes set out in Article 6.2: (a) by WADA at any time; and/or (b) by IWWF at any time before both the A and B Sample analytical results (or A Sample result where B Sample analysis has been waived or will not be performed) have been communicated by IWWF to the Athlete as the asserted basis for an Article 2.1 anti-doping rule violation. Such further analysis of Samples shall conform with the requirements of the International Standard for Laboratories and the International Standard for Testing and Investigations.

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    ARTICLE 7 RESULTS MANAGEMENT

    7.1 Responsibility for Conducting Results Management

    7.1.1 The circumstances in which IWWF shall take responsibility for conducting results management in respect of anti-doping rule violations involving Athletes and other Persons under its jurisdiction shall be determined by reference to and in accordance with Article 7 of the Code. 7.1.2 The IWWFs Anti-Doping Administrator or its delegate will conduct the review discussed in Articles 7.2, 7.3, 7.4, 7.5 and 7.6. The review prescribed in Article 7.7 should be conducted by a Doping Review Panel consisting of a Chair (who might be the IWWFs Anti-Doping Administrator or its delegate) and 2 other members with experience in anti-doping.

    7.2 Review of Adverse Analytical Findings From Tests Initiated by IWWF

    Results management in respect of the results of tests initiated by IWWF (including tests performed by WADA pursuant to agreement with IWWF shall proceed as follows:

    7.2.1 The results from all analyses must be sent to IWWF in encoded form, in a report signed by an authorized representative of the laboratory. All communication must be conducted confidentially and in conformity with ADAMS. 7.2.2 Upon receipt of an Adverse Analytical Finding, IWWF Anti-Doping Administrator or its delegate shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Adverse Analytical Finding. 7.2.3 If the review of an Adverse Analytical Finding under Article 7.2.2 reveals an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, the entire test shall be considered negative and the Athlete, the Athletes National Anti-Doping Organization and WADA shall be so informed.

    7.3 Notification After Review Regarding Adverse Analytical Findings

    7.3.1 If the review of an Adverse Analytical Finding under Article 7.2.2 does not reveal an applicable TUE or entitlement to a TUE as

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    provided in the International Standard for Therapeutic Use Exemptions, or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, IWWFs Anti-Doping Administrator or its delegate shall promptly notify the Athlete, and simultaneously the Athletes National Anti-Doping Organization and WADA, in the manner set out in Article 14.1, of: (a) the Adverse Analytical Finding; (b) the anti-doping rule violated; (c) the Athlete's right to promptly request the analysis of the B Sample or, failing such request, that the B Sample analysis may be deemed waived; (d) the scheduled date, time and place for the B Sample analysis if the Athlete or IWWF chooses to request an analysis of the B Sample; (e) the opportunity for the Athlete and/or the Athlete's representative to attend the B Sample opening and analysis in accordance with the International Standard for Laboratories if such analysis is requested; (f) the Athlete's right to request copies of the A and B Sample laboratory documentation package which includes information as required by the International Standard for Laboratories; (g) the Athletes right to request the hearing or, failing such request within the deadline specified in the notification, that the hearing may be deemed waived; (h) the opportunity for the athlete to provide written explanation about the overall circumstances of the case or to dispute (within a specific deadline indicated in the notification) the IWWFs Anti-Doping Administrator or its delegate assertion that an anti-doping rule violation has occurred; (i) the imposition of a mandatory provisional suspension (in case described in Article 7.9.1); (j) the imposition of the optional provisional suspension in case where IWWFs Anti-Doping Administrator or its delegate decides to impose it in accordance with Article 7.9.2; (k) the opportunity to accept voluntarily a Provisional Suspension pending the resolution of the matter, in all cases where a Provisional Suspension has not been imposed; (l) the Athletes opportunity to promptly admit the anti-doping rule violation and consequently request the reduction in the period of ineligibility as described in Article 10.6.3; (m) the Athletes opportunity to cooperate and provide Substantial Assistance in discovering or establishing anti-doping rules violations as described in Article 10.6.1. If IWWF decides not to bring forward the Adverse Analytical Finding as an anti-doping rule violation, it shall so notify the Athlete, the Athletes National Anti-Doping Organization and WADA. 7.3.2 Where requested by the Athlete or IWWF, arrangements shall be made to analyze the B Sample in accordance with the International Standard for Laboratories. An Athlete may accept the A Sample analytical results by waiving the requirement for B Sample analysis. IWWF may nonetheless elect to proceed with the B Sample analysis. 7.3.3 The Athlete and/or his representative shall be allowed to be present at the analysis of the B Sample. Also, a representative of

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    IWWF, as well as a representative of the Athlete's National Federation shall be allowed to be present. 7.3.4 If the B Sample analysis does not confirm the A Sample analysis, then (unless IWWF takes the case forward as an anti-doping rule violation under Article 2.2) the entire test shall be considered negative and the Athlete, the Athletes National Anti-Doping Organization and WADA shall be so informed. 7.3.5 If the B Sample analysis confirms the A Sample analysis, the findings shall be reported to the Athlete, the Athletes National Anti-Doping Organization and to WADA.

    7.4 Review of Atypical Findings

    7.4.1 As provided in the International Standard for Laboratories, in some circumstances laboratories are directed to report the presence of Prohibited Substances, which may also be produced endogenously, as Atypical Findings, i.e., as findings that are subject to further investigation. 7.4.2 Upon receipt of an Atypical Finding, IWWFs Anti-Doping Administrator or its delegate shall conduct a review to determine whether: (a) an applicable TUE has been granted or will be granted as provided in the International Standard for Therapeutic Use Exemptions, or (b) there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that caused the Atypical Finding. 7.4.3 If the review of an Atypical Finding under Article 7.4.2 reveals an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding, the entire test shall be considered negative and the Athlete, the Athletes National Anti-Doping Organization and WADA shall be so informed. 7.4.4 If that review does not reveal an applicable TUE or a departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Atypical Finding, IWWF shall conduct the required investigation or cause it to be conducted. After the investigation is completed, either the Atypical Finding will be brought forward as an Adverse Analytical Finding, in accordance with Article 7.3.1, or else the Athlete, the Athletes National Anti-Doping Organization and WADA shall be notified that the Atypical Finding will not be brought forward as an Adverse Analytical Finding. 7.4.5 IWWF will not provide notice of an Atypical Finding until it has completed its investigation and has decided whether it will bring the

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    Atypical Finding forward as an Adverse Analytical Finding unless one of the following circumstances exists:

    7.4.5.1 If IWWF determines the B Sample should be analyzed prior to the conclusion of its investigation, it may conduct the B Sample analysis after notifying the Athlete, with such notice to include a description of the Atypical Finding and the information described in Article 7.3.1(d)-(f).

    7.4.5.2 If IWWF is asked (a) by a Major Event Organization shortly before one of its International Events, or (b) by a sport organization responsible for meeting an imminent deadline for selecting team members for an International Event, to disclose whether any Athlete identified on a list provided by the Major Event Organization or sport organization has a pending Atypical Finding, IWWF shall so advise the Major Event Organization or sports organization after first providing notice of the Atypical Finding to the Athlete.

    7.5 Review of Atypical Passport Findings and Adverse Passport Findings

    Review of Atypical Passport Findings and Adverse Passport Findings shall take place as provided in the International Standard for Testing and Investigations and International Standard for Laboratories. At such time as IWWFs Anti-Doping Administrator or its delegate is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete (and simultaneously the Athletes National Anti-Doping Organization and WADA) notice of the anti-doping rule violation asserted and the basis of that assertion.

    7.6 Review of Whereabouts Failures

    IWWFs Anti-Doping Administrator or its delegate shall review potential filing failures and missed tests, as defined in the International Standard for Testing and Investigations, in respect of Athletes who file their whereabouts information with IWWF, in accordance with Annex I to the International Standard for Testing and Investigations. At such time as IWWFs Anti-Doping Administrator or its delegate is satisfied that an Article 2.4 anti-doping rule violation has occurred, it shall promptly give the Athlete (and simultaneously the Athletes National Anti-Doping Organization and WADA) notice that it is asserting a violation of Article 2.4 and the basis of that assertion. 7.7 Review of Other Anti-Doping Rule Violations Not Covered by Articles 7.27.6

    IWWFs Doping Review Panel shall conduct any follow-up investigation required into a possible anti-doping rule violation not covered by Articles 7.2- 7.6. At such time as IWWFs Doping Review Panel is satisfied that an anti-doping rule violation has occurred, it shall promptly give the Athlete or other

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    Person (and simultaneously the Athletes or other Persons National Anti-Doping Organization and WADA) notice of the anti-doping rule violation asserted and the basis of that assertion.

    7.8 Identification of Prior Anti-Doping Rule Violations Before giving an Athlete or other Person notice of an asserted anti-doping rule violation as provided above, IWWF shall refer to ADAMS and contact WADA and other relevant Anti-Doping Organizations to determine whether any prior anti-doping rule violation exists. 7.9 Provisional Suspensions

    7.9.1 Mandatory Provisional Suspension: If analysis of an A Sample has resulted in an Adverse Analytical Finding for a Prohibited Substance that is not a Specified Substance, or for a Prohibited Method, and a review in accordance with Article 7.2.2 does not reveal an applicable TUE or departure from the International Standard for Testing and Investigations or the International Standard for Laboratories that caused the Adverse Analytical Finding, a Provisional Suspension shall be imposed upon or promptly after the notification described in Articles 7.2, 7.3 or 7.5. 7.9.2 Optional Provisional Suspension: In case of an Adverse Analytical Finding for a Specified Substance, or in the case of any other anti-doping rule violations not covered by Article 7.9.1, IWWFs Anti-Doping Administrator or its delegate may impose a Provisional Suspension on the Athlete or other Person against whom the anti-doping rule violation is asserted at any time after the review and notification described in Articles 7.27.7 and prior to the final hearing as described in Article 8. 7.9.3 Where a Provisional Suspension is imposed pursuant to Article 7.9.1 or Article 7.9.2, the Athlete or other Person shall be given either: (a) an opportunity for a Provisional Hearing either before or on a timely basis after imposition of the Provisional Suspension, if requested by the Athlete or other Person; or (b) an opportunity for an expedited final hearing in accordance with Article 8 on a timely basis after imposition of the Provisional Suspension. Furthermore, the Athlete or other Person has a right to appeal from the Provisional Suspension in accordance with Article 13.2 (save as set out in Article 7.9.3.1).

    7.9.3.1 The Provisional Suspension may be lifted if the Athlete or other Person demonstrates to the competent Doping Hearing Panel that the violation is likely to have involved a Contaminated Product. A hearing panels decision not to lift a mandatory Provisional Suspension on account of the Athletes

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    assertion regarding a Contaminated Product shall not be appealable. 7.9.3.2 The Provisional Suspension shall be imposed (or shall not be lifted) unless the Athlete or other Person establishes that: (a) the assertion of an anti-doping rule violation has no reasonable prospect of being upheld, e.g., because of a patent flaw in the case against the Athlete or other Person; or (b) the Athlete or other Person has a strong arguable case that he/she bears No Fault or Negligence for the anti-doping rule violation(s) asserted, so that any period of Ineligibility that might otherwise be imposed for such a violation is likely to be completely eliminated by application of Article 10.4; or (c) some other facts exist that make it clearly unfair, in all of the circumstances, to impose a Provisional Suspension prior to a final hearing in accordance with Article 8. This ground is to be construed narrowly, and applied only in truly exceptional circumstances. For example, the fact that the Provisional Suspension would prevent the Athlete or other Person participating in a particular Competition or Event shall not qualify as exceptional circumstances for these purposes.

    7.9.4 If a Provisional Suspension is imposed based on an A Sample Adverse Analytical Finding and subsequent analysis of the B Sample does not confirm the A Sample analysis, then the Athlete shall not be subject to any further Provisional Suspension on account of a violation of Article 2.1. In circumstances where the Athlete (or the Athlete's team) has been removed from a Competition based on a violation of Article 2.1 and the subsequent B Sample analysis does not confirm the A Sample finding, then if it is still possible for the Athlete or team to be reinserted, without otherwise affecting the Competition, the Athlete or team may continue to take part in the Competition. In addition, the Athlete or team may thereafter take part in other Competitions in the same Event. 7.9.5 In all cases where an Athlete or other Person has been notified of an anti-doping rule violation but a Provisional Suspension has not been imposed on him or her, the Athlete or other Person shall be offered the opportunity to accept a Provisional Suspension voluntarily pending the resolution of the matter.

    [Comment to Article 7.9: Athletes and other Persons shall receive credit for a Provisional Suspension against any period of Ineligibility which is ultimately imposed. See Articles 10.11.3.1 and 10.11.3.2.]

    7.10 Resolution Without a Hearing

    7.10.1 Agreement between parties

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    At any time during the results management process the Athlete or other Person may agree with IWWF on the Consequences which are either mandated by the Code or which IWWF Chair of the Doping Hearing Panel or his/her delegate considers appropriate where discretion as to Consequences exists under these Rules and the Code. The agreement shall state the full reasons for any period of Ineligibility agreed upon, including (if applicable) a justification for why the discretion as to Consequences was applied. Such agreement shall be deemed to be a decision made under these Anti-Doping Rules within the meaning of Article 13. The decision will be reported to parties with a right to appeal under Article 13.2.3 as provided in Article 14.2.2 and shall be published in accordance with Article 14.3.2 7.10.2 Waiver of hearing An Athlete or other Person against whom an anti-doping rule violation is asserted may waive a hearing expressly. Alternatively, if the Athlete or other Person against whom an anti-doping rule violation is asserted fails to request the hearing and/or dispute that assertion within the deadline specified in the notice sent by the IWWF Anti-Doping Administrator or its delegate asserting the violation, then he/she shall be deemed to have waived a hearing. 7.10.3 Process in case of athletes waiving of hearing In cases where Article 7.10.2 applies, a hearing before the IWWFs Doping Hearing Panel shall not be required. Instead IWWF s Anti-Doping Administrator or its delegate will refer the case to the IWWFs Doping Hearing Panel for adjudication, transmitting all the available documents of the case. The IWWFs Doping Hearing Panel is composed by three members (one Chair and two members) nominated by IWWF. The IWWFs Doping Hearing Panel shall promptly issue a written decision (in accordance with Article 8.2) about the commission of the anti-doping rule violation and the Consequences imposed as a result, and setting out the full reasons for any period of Ineligibility imposed, including (if applicable) a justification for why the maximum potential period of Ineligibility was not imposed. The IWWF shall send copies of that decision to other Anti-Doping Organizations with a right to appeal under Article 13.2.3, and shall Publicly Disclose that decision in accordance with Article 14.3.2.

    7.11 Notification of Results Management Decisions In all cases where IWWF has asserted the commission of an anti-doping rule violation, withdrawn the assertion of an anti-doping rule violation, imposed a Provisional Suspension, or agreed with an Athlete or other Person on the imposition of Consequences without a hearing, IWWF shall give notice thereof in accordance with Article 14.2.1 to other Anti-Doping Organizations with a right to appeal under Article 13.2.3.

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    7.12 Retirement from Sport If an Athlete or other Person retires while IWWF is conducting the results management process, IWWF retains jurisdiction to complete its results management process. If an Athlete or other Person retires before any results management process has begun, and IWWF would have had results management authority over the Athlete or other Person at the time the Athlete or other Person committed an anti-doping rule violation, IWWF has authority to conduct results management in respect of that anti-doping rule violation.

    [Comment to Article 7.12: Conduct by an Athlete or other Person before the Athlete or other Person was subject to the jurisdiction of any Anti-Doping Organization

    would not constitute an anti-doping rule violation but could be a legitimate basis for denying the Athlete or other Person membership in a sports organization.]

    ARTICLE 8 RIGHT TO A FAIR HEARING

    8.1 Principles for a Fair Hearing

    8.1.1 When IWWF sends a notice to an Athlete or other Person asserting an anti-doping rule violation, and there is no agreement in accordance with Article 7.10.1 or the Athlete or other Person does not waive a hearing in accordance with Article 7.10.2, then the case shall be referred to the IWWFs Doping Hearing Panel for hearing and adjudication. 8.1.2 Hearings shall be scheduled and completed within a reasonable time. Where a Provisional Suspension has been imposed or otherwise accepted by the Athlete or other Person the hearings should be expedited, in all cases the hearing should be held within 6 months from the notification of the Athlete or other Person that an anti-doping rule violation is being asserted. Hearings held in connection with Events that are subject to these Anti-Doping Rules may be conducted by an expedited process where permitted by the hearing panel.

    [Comment to Article 8.1.2: For example, a hearing could be expedited on the eve of a major Event where the resolution of the anti-doping rule violation is necessary

    to determine the Athlete's eligibility to participate in the Event, or during an Event where the resolution of the case will affect the validity of the Athlete's results or continued participation in the Event.]

    8.1.3 The IWWFs Doping Hearing Panel shall determine the procedure to be followed at the hearing. The hearing process shall respect the following principles:

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    a) the right of each party to be represented by a counsel (at the partys own expense); b) the right to respond to the asserted anti-doping rule violation and resulting Consequences; c) the right of each party to present evidence, including the right to call and question witnesses; d) the Athletes or other Persons right to an interpreter at the hearing. The IWWF Doping Hearing Panel shall have jurisdiction to determine which party shall bear the responsibility for the cost of the interpreter.

    8.1.4 WADA and the National Federation of the Athlete or other Person may attend the hearing as observers. In any event, IWWF shall keep WADA fully apprised as to the status of pending cases and the result of all hearings. 8.1.5 The IWWF Doping Hearing Panel shall act in a fair and impartial manner towards all parties at all times.

    8.2 Decisions

    8.2.1 The IWWF Doping Hearing Panel shall issue a written decision within 30 days from the date of the hearing or from the date the case has been referred to the panel when the hearing has been waived by the Athlete or other Person in accordance with Article 7.10.2. The decision must include the full reasons for the decision and for any period of Ineligibility imposed, including (if applicable) a justification for why the greatest potential Consequences were not imposed. The decision shall be written in English. 8.2.2 The decision may be appealed to the CAS as provided in Article 13. Copies of the decision shall be provided to the Athlete or other Person and to other Anti-Doping Organizations with a right to appeal under Article 13.2.3. 8.2.3 If no appeal is brought against the decision, then (a) if the decision is that an anti-doping rule violation was committed, the decision shall be Publicly Disclosed as provided in Article 14.3.2; but (b) if the decision is that no anti-doping rule violation was committed, then the decision shall only be Publicly Disclosed with the consent of the Athlete or other Person who is the subject of the decision. IWWF shall use reasonable efforts to obtain such consent, and if consent is obtained, shall Publicly Disclose the decision in its entirety or in such redacted form as the Athlete or other Person may approve. The principles contained at Article 14.3.6 shall be applied in cases involving a Minor.

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    8.3 Single Hearing Before CAS

    Cases asserting anti-doping rule violations may be heard directly at CAS, with no requirement for a prior hearing, with the consent of the Athlete, IWWF, WADA, and any other Anti-Doping Organization that would have had a right to appeal a first instance hearing decision to CAS.

    [Comment to Article 8.3: Where all of the parties identified in this Article are satisfied that their interests will be adequately protected in a single hearing, there

    is no need to incur the extra expense of two hearings. An Anti-Doping Organization that wants to participate in the CAS hearing as a party or as an observer may condition its approval of a single hearing on being granted that right.]

    ARTICLE 9 AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS

    An anti-doping rule violation in Individual Sports in connection with an In-Competition test automatically leads to Disqualification of the result obtained in that Competition with all resulting Consequences, including forfeiture of any medals, points and prizes.

    [Comment to Article 9: For Team Sports, any awards received by individual players will be Disqualified. However, Disqualification of the team will be as provided in

    Article 11. In sports which are not Team Sports but where awards are given to teams, Disqualification or other disciplinary action against the team when one or more team members have committed an anti-doping rule violation shall be as

    provided in the applicable rules of the International Federation.]

    ARTICLE 10 SANCTIONS ON INDIVIDUALS

    10.1 Disqualification of Results in the Event during which an Anti-Doping Rule Violation Occurs

    An anti-doping rule violation occurring during or in connection with an Event may, upon the decision of the ruling body of the Event, lead to Disqualification of all of the Athlete's individual results obtained in that Event with all Consequences, including forfeiture of all medals, points and prizes, except as provided in Article 10.1.1. Factors to be included in considering whether to Disqualify other results in an Event might include, for example, the seriousness of the Athletes anti-doping rule violation and whether the Athlete tested negative in the other Competitions.

    [Comment to Article 10.1: Whereas Article 9 Disqualifies the result in a single Competition in which the Athlete tested positive (e.g., the Slalom), this Article may lead to Disqualification of all results in all races during the Event (e.g., the IWWF

    World Waterski Championships).]

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    10.1.1 If the Athlete establishes that he or she bears No Fault or Negligence for the violation, the Athlete's individual results in the other Competitions shall not be Disqualified, unless the Athlete's results in Competitions other than the Competition in which the anti-doping rule violation occurred were likely to have been affected by the Athlete's anti-doping rule violation.

    10.2 Ineligibility for Presence, Use or Attempted Use, or Possession

    of a Prohibited Substance or Prohibited Method The period of Ineligibility for a violation of Articles 2.1, 2.2 or 2.6 shall be as follows, subject to potential reduction or suspension pursuant to Articles 10.4, 10.5 or 10.6:

    10.2.1 The period of Ineligibility shall be four years where:

    10.2.1.1 The anti-doping rule violation does not involve a Specified Substance, unless the Athlete or other Person can establish that the anti-doping rule violation was not intentional. 10.2.1.2 The anti-doping rule violation involves a Specified Substance and IWWF can establish that the anti-doping rule violation was intentional.

    10.2.2 If Article 10.2.1 does not apply, the period of Ineligibility shall be two years. 10.2.3 As used in Articles 10.2 and 10.3, the term intentional is meant to identify those Athletes who cheat. The term therefore requires that the Athlete or other Person engaged in conduct which he or she knew constituted an anti-doping rule violation or knew that there was a significant risk that the conduct might constitute or result in an anti-doping rule violation and manifestly disregarded that risk. An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall be rebuttably presumed to be not intentional if the substance is a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition. An anti-doping rule violation resulting from an Adverse Analytical Finding for a substance which is only prohibited In-Competition shall not be considered intentional if the substance is not a Specified Substance and the Athlete can establish that the Prohibited Substance was Used Out-of-Competition in a context unrelated to sport performance.

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    10.3 Ineligibility for Other Anti-Doping Rule Violations

    The period of Ineligibility for anti-doping rule violations other than as provided in Article 10.2 shall be as follows, unless Articles 10.5 or 10.6 are applicable:

    10.3.1 For violations of Article 2.3 or Article 2.5, the period of Ineligibility shall be four years unless, in the case of failing to submit to Sample collection, the Athlete can establish that the commission of the anti-doping rule violation was not intentional (as defined in Article 10.2.3), in which case the period of Ineligibility shall be two years. 10.3.2 For violations of Article 2.4, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athletes degree of Fault. The flexibility between two years and one year of Ineligibility in this Article is not available to Athletes where a pattern of last-minute whereabouts changes or other conduct raises a serious suspicion that the Athlete was trying to avoid being available for Testing. 10.3.3 For violations of Article 2.7 or 2.8, the period of Ineligibility shall be a minimum of four years up to lifetime Ineligibility, depending on the seriousness of the violation. An Article 2.7 or Article 2.8 violation involving a Minor shall be considered a particularly serious violation and, if committed by Athlete Support Personnel for violations other than for Specified Substances, shall result in lifetime Ineligibility for Athlete Support Personnel. In addition, significant violations of Article 2.7 or 2.8 which may also violate non-sporting laws and regulations, shall be reported to the competent administrative, professional or judicial authorities.

    [Comment to Article 10.3.3: Those who are involved in doping Athletes or covering

    up doping should be subject to sanctions which are more severe than the Athletes who test positive. Since the authority of sport organizations is generally limited to

    Ineligibility for accreditation, membership and other sport benefits, reporting Athlete Support Personnel to competent authorities is an important step in the

    deterrence of doping.]

    10.3.4 For violations of Article 2.9, the period of Ineligibility imposed shall be a minimum of two years, up to four years, depending on the seriousness of the violation. 10.3.5 For violations of Article 2.10, the period of Ineligibility shall be two years, subject to reduction down to a minimum of one year, depending on the Athlete or other Persons degree of Fault and other circumstances of the case.

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    [Comment to Article 10.3.5: Where the other Person referenced in Article 2.10 is an entity and not an individual, that entity may be disciplined as provided in Article

    12.]

    10.4 Elimination of the Period of Ineligibility where there is No Fault or Negligence If an Athlete or other Person